Court of Appeals Enjoins NLRB's Notice Posting Rule

Yesterday, the United States Court of Appeals for the District of Columbia issued an order preventing the National Labor Relations Board from enforcing its “notice” rule until the Court decides the appeal of the National Association of Manufacturers seeking to overturn the rule. As we explained in our last client alert, the “notice” rule requires most private sector employers (both union and nonunion) to post a notice that informs employees of their rights under the National Labor Relations Act, including their right to unionize. The NLRB had taken the position that its new notice rule would be effective on April 30, 2012. Under the Court of Appeals order, employers will have no obligation to comply with the “notice” rule unless and until the Court of Appeals determines that the NLRB had the statutory authority to issue the rule. . . 2012 – Client Advisory – Court of Appeals Enjoins NLRB’s Notice Posting Rule – April